Terms of Service
1. Introduction
1.1. These Terms of Service apply to the use of this website i.e https://www.wizio.in/ and mobile apps ie. https://play.google.com/store/apps/details?id=com.wizphysai.wizio & https://apps.apple.com/us/app/wizio-ai-physio-coach/id6450921777 ('Services') owned and operated by Wizphys AI Private Limited ('Company/We'). By using the Service, you irrevocably agree to the Terms of Service and enter into an agreement with the Company. These Terms of Service and our Privacy Policy will govern your agreement with the Company (hereinafter ‘Agreement’).
1.2. We advise you to read these Terms of Service carefully before using the Company’s Service. These Terms apply to all visitors, users and others who wish to access or use Service.
2. General
2.1. These Terms of Service apply to every use made of the Service via your Account.
2.2. The Company reserves the right to amend or supplement these Terms of Service at any time by posting an updated set of terms .. Your continued use of the Services following the posting of revised terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
2.3. By continuing to access or use Company’s Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
2.4. Any additions to and/or deviations from these Terms of Service whether on a temporary or permanent basis are only valid when confirmed in writing by the Company acting by an authorized officer such as a director or senior manager.
3. Service and availability
3.1. the Company has developed its own, proprietary, tech-enabled platform bearing the name and form of “Wizio” (‘Wizio’) , which enables user to avail physical and digital physiotherapy and fitness services.
3.2. The Service may also be used by user as per the recommendations of the Healthcare service Provider, using the platform to extend services to the patients
3.3. To obtain access to the Service, you must have a registered account (hereinafter ‘Account’).
3.4. Subject to these Terms of Service, the Company grants you a limited, personal, revocable, non-exclusive, non-sub-licensable and non-transferable right to use the Service, including the Platform for the above purposes (but not further or otherwise).
3.5. The Company will make reasonable efforts to provide the Service with due care.
3.6. The Service is not a replacement for medical treatment. You are solely responsible for your usage of the Service. If you have or think you may have any serious health conditions, do not use the Services and contact your doctor right away for further medical evaluation. If any of the serious health concerns apply to you, do not use the Service unless you have received a medical examination from a physician clearing you for use of the Service or the specific physical exercises used in the App.
3.7. Use the Service at your risk and responsibility. Do not use the Service if you have any health condition that may cause pose a risk to you when you use the app, including pregnancy, serious spinal or bone injury.
3.8. the Company is at all times entitled, without in any way becoming liable to you:
3.8.1. to make procedural and technical alterations and/or improvements to the Platform and/or the Service; and
3.8.2. to temporarily discontinue or limit the Service or your Account if, in its view, this is necessary, for example for purposes of preventive, corrective or adaptive maintenance. The Company will notify you of the temporary unavailability or restricted use of the Service insofar and as soon as reasonably possible.
4. Account Creation
4.1. To use the Service, you must create an Account on the Website/App.
4.2. Upon registration of the Account, you will set your user name and unique password..
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
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4.3. Before creating an Account, You guarantee that:
4.3.1. You provide information to us that is accurate, complete and up-to-date at all times;
4.3.2. You will not create more than one Account;
4.3.3. you will not share an Account or in any other way provide access to the Account to another natural person or legal entity; or
4.3.4. you are older than 18 years of age.
4.4. You will use the Services for your exercise programs and account details strictly for your personal, non-commercial use only.
5. User Content
5.1 Company’s Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ('User Content'). You are responsible for User Content that you post on or through Service, including its legality, reliability, and appropriateness.
5.2 By posting Content on or through Service, You represent and warrant that: (i) User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of User Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
5.3 You retain any and all of your rights to any User Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third party posts on or through Service. However, by posting User Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through Service. You agree that this license includes the right for us to make your User Content available to other users of Service, who may also use User Content subject to these Terms.
5.4 Company has the right but not the obligation to monitor and edit all User Content provided by users.
6. Privacy
6.1. You may provide the Company or your health care provider with your personal information including contact information and medical information, which shall be subject to or Privacy Policy. In addition to using personal information for providing Service to you, The Company may use this data for administrative and research purposes related to providing a stable and reliable Service to patients and healthcare providers and will observe the applicable laws. Our Privacy Policy set out on the Website shall apply to you and your use of the Service. You consent to the use, disclosure and keeping of your information in accordance with our Privacy Policy.
6.2. the Company shall only process personal data insofar as is necessary for the performance of the Services or its agreement with your healthcare provider. In certain circumstances the Company may also process your personal data for its own purposes as specified in the Privacy Policy set out on this Website/App.
the Company shall use its best efforts to keep the personal data received from the healthcare provider strictly confidential and to implement appropriate technical and organisational measures to protect personal data against any form of unlawful and/or unauthorised personal data processing. You hereby expressly permit the Company the Company to share your personal information with your healthcare provider, in order for the health care provider to provide Services and monitor your progress. You agree that Company shall not be responsible in manner for any data security breach or unauthorized use of your personal data by user healthcare service provider.
7. Payment
7.1. Based on the specific subscriptions purchased by you or your health care provider, the the applicable fees shall be paid to the Company (‘Fees’).
7.2. Billing may be on a recurring and periodic basis, depending on the type of subscription plan selected when purchasing a Subscription.
7.3. Fees shall be exclusive of all applicable taxes.
7.4. the Company is entitled to change its Fees at any time by advance notification. The changed fees will become applicable to you from commencement of your next subscription renewal.
7.5. Fees are due in advance for the entire subscription period and shall be payable in advance by credit or debit card or direct debit as may be required by the Company.
7.6. In case the Company doesn’t receive full and timely payments,– the Company may immediately terminate or suspend your access to, and use of, the Service, in whole or in part, including access to the Platform by your health care service provider; –.
7.7. Complaints regarding (parts of) the Service or the invoice do not suspend your payment obligation.
7.8 To the maximum extent permitted by law, the Service is provided on a non-refundable basis. There will be no refunds or credits for partial months of Service, refunds for months of Service unused with an activated Account or for any unauthorized use of an Account.
8. Intellectual Property Rights
8.1. Service and Platform’s content (excluding user Content provided by users), features and functionality are and will remain the exclusive property of Company and its licensors. All the intellectual property rights – including but not limited to copyrights, database rights and trade name rights (hereinafter ‘IP rights’) – in relation to the Service and its content, exercise programmes, videos, methodologies, techniques, data, information on the platform (Platform Content) shall vest exclusively with the Company or its licensors. Nothing in the Terms of Service, is intended to entail any transfer of IP rights to you.
8.2. You retain IP rights on the User Content you provide through the Service. By making available or uploading User Content to utilize the Service, you automatically grant the Company a cost-free, worldwide, irrevocable, sub-licensable and transferrable right to use this Content insofar as is related to the provision of the Service or better performance of the platform.
8.4 8.3 You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Services in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of the Company or the intellectual property owner, as applicable, without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with the Company are the property of the Company, and that you are not permitted to use the Company Marks without our prior written consent.
9. Termination
9.1. After the subscription period has lapsed, your right to access to use the Service will terminate, unless it’s renewed.
9.2. You can terminate your Account and access to the Service at any time within your Account settings. Your access to the Service will cease upon your healthcare provider’s access to the Service ceasing, if applicable.
9.3. The Company has the right to immediately discontinue or to (temporarily) suspend its Service or to terminate the Agreement for any reason, notwithstanding the Company’s other rights and remedies, including its right to claim damages: – if you or your Health care provider breach any terms under the Terms of Service/applicable agreements;
9.4. In the event the Account is terminated for any reason, you will not be entitled receive any refund.
9.5. Upon termination , you shall not be able to access any exercise programs assigned by your healthcare provider.
10. Information on the Service
10.1. We do not warrant or represent the accuracy, completeness or suitability for your intended use of any information (including, without limitation, any Content) on the Service. You are responsible for the use of any such information and you should make your own enquiries to check if the information is accurate, complete and suitable for your intended use.
10.2. All exercises available on the Service are demonstrations only. You acknowledge that healthcare providers are responsible to ensure that any exercises and exercise programs created for a patient are appropriate for that patient and the Company has no responsibility for that..
10.3. All information contained on the Platform and through the Service is for personal use only and may not be sold, redistributed or used for any commercial purpose.
10.4. You acknowledge that there is a risk of physical injury when participating in any exercise or exercise program. If you feel discomfort or pain, you should immediately stop the activity causing such discomfort or pain and contact your healthcare provider or an ambulance in the case of a medical emergency. By using the Service, you represent that you have fully informed your healthcare provider of your medical history and existing condition and have received their consent to participate (and continue to participate) in the programs and exercises available to you on the Service.
10.5. The Service may from time to time contain links to internet sites maintained by third parties. Such links shall be provided for your convenience and are not under the Company’s control. the Company is not responsible for the contents (including the accuracy, completeness or suitability for your intended use) of any linked site or any link contained in a linked site. the Company does not endorse any information on linked sites or any associated organisation, product or services.
11. Warranties and indemnifications
11.1 You represent and warrant that:
(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
(iii) you are at least 18 (eighteen) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms of Service.
12.2 You agree to indemnify the Company, its directors, consultants, affiliates, against all costs, claims, damages and expenses which the Company incurs as a result of any breach of terms of this Terms of Services and for any third party claim on the aforesaid parties in connection to the Services.
12. Disclaimers and Limitation of Liability
12.1 EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SERVICES, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.
12.2 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
o INFORMATION AND PLATFORM CONTENT PROVIDED ON OR THROUGH THE SERVICES DOES NOT CONSTITUTE MEDICAL PRACTICE OR ADVICE, NOR IS IT INTENDED TO REPLACE THE NECESSITY OF CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL.
o THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES IS AND REMAINS WITH YOU.
o WITHOUT LIMITING THE FOREGOING, COMPANY DISCLAIMS ANY AND ALL LIABILITY RELATED TO (I) YOUR USE OF OR INABILITY TO USE THE SERVICES, (II) THE ACTS OR OMISSIONS OF ANY PERSON(S) WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, AND (III) ANY PLATFORM CONTENT ACCESSED OR VIEWED IN CONNECTION WITH THE USE OF THE SERVICES.
o YOU ACKNOWLEDGE AND AGREE THAT THE ACCESSING AND USING THE PLATFORM AND PLATFORM CONTENT, VIEWING CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE COMPANY AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
o IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOREGOING, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE
o . IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL OF THE FOREGOING, SHALL BE LIMITED TO THE SUBSCRIBPTION FEE RECEIVED.
13. Miscellaneous
13.1. The Company may assign or subcontract rights and obligations arising from these Terms of Service or the Agreement to third parties and will notify you of this. You are not permitted to assign or purport to assign to third parties any right derived from the Account without the Company’s prior written consent which the Company may grant or refuse in its sole discretion.
13.2. If the Company waives, in whole or part, any rights available to us under these Terms of Service on any occasion, this does not mean that those rights will automatically be waived on any other occasion.
13.3. If any provision of these Terms of Service are held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from this Agreement, in which case, the remainder of these Terms of Service shall nevertheless continue in full force.
13.4. These Terms of Service and the use of the Service are governed by the laws of India
13.5. Any disputes that arise out of these Terms of Service, will solely and exclusively be submitted to the competent court at Pune, India.
14. Contact (Grievance Redressal Officer)
14.1. Name : Siddhartha Gadre
14.2. Email ID: siddhartha@wizphys.io
14.3. Ph. No. : +91 9986617940